Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

Regardless of the action taken, it will bring no comfort to anyone who has lost someone in these tragic circumstances. It will not bring the person back, and I can understand their distress.

The Minister for Justice and Equality, Deputy Frances Fitzgerald, wishes to thank the Senator for raising the matter and regrets that she is unable to be present to take it herself. Senator Norris is referring to the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to the Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case. In order to carry out this review, a panel consisting of two senior and five junior counsel, all selected on the basis of their experience of the criminal justice system, was established. The independent review is well under way at this stage, and is in the process of considering 313 cases. This is a significant number of cases, and somewhat higher than originally estimated, but the Minister thought it was important to refer to the panel all of the allegations on hand, with only a minimal filtering process, so as to ensure that every appropriate case got the benefit of an independent review. Its role is effectively to triage those cases with a view to determining to what extent and in what manner further action may be required in each case.

The review of each allegation consists of an examination of the papers by a counsel from the panel, and does not involve interviews or interaction with complainants or any other form of investigation. I should point out though that counsel may recommend that the Minister seek further information to assist in coming to an appropriate recommendation in any particular case. The Minister has asked counsel to recommend to her what action, if any, might be appropriate in each case. Each recommendation made by the panel will be very carefully considered. Clearly, having engaged counsel for this review, it would be entirely appropriate for the Minister to be guided by their advice. Obviously, it would not be appropriate to comment upon the potential outcome of any individual complaint being reviewed by this mechanism before the Minister has received and considered counsel's recommendation.

As I have already explained, the panel were all selected on the basis of their experience. In this regard, and having regard to the scope of the review, and the number of complaints involved, there is always the possibility that a conflict of interest could potentially arise. The Minister has asked me to assure the House, however, that appropriate steps have been taken to ensure the integrity of the review mechanism, including the avoidance of issues of conflict of interest. Arrangements have been put in place to ensure that if there is any conflict, or potential conflict, the particular counsel not only will not be involved in the particular case, but also will not be aware of which counsel is reviewing it. This is normal professional conduct, and there are sufficient counsel on the panel to ensure the practicality of that.

The Minister is aware that concerns have been raised regarding the particular case referred to by the Senator. The Minister is deeply conscious of the profound distress experienced by the family. However, they have been advised of the arrangements that apply, as has their legal representative and the various public representatives who have raised the concern on the family's behalf by way of parliamentary questions and representations. Whatever steps are necessary will be taken to ensure there is no conflict of interest.

I would like to assure the House that every case, including the case referred to by the Senator, will be reviewed by independent and impartial counsel who will make an objective recommendation. I hope that goes some way to allay the Senator's concerns.